WSR 06-07-120

PREPROPOSAL STATEMENT OF INQUIRY

TRANSPORTATION IMPROVEMENT BOARD


[ Filed March 20, 2006, 3:31 p.m. ]

Subject of Possible Rule Making: Amending Title 479 WAC to update program changes that may include, but not be limited to, program name changes, deleting programs no longer funded by the transportation improvement board (repealed by passage of I-695), and incorporating policy language into WACs.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 47.26.010, 47.26.080, 47.26.084, 47.26.086, 47.26.115, 47.26.164, 47.26.340, and 47.26.345.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The Administrative Procedure Act, RCW 34.05.010, provides the definitions of agency policy and agency rule. At the advice of our assistant attorney general, it was recommended to incorporate our board policies into WACs as our current board policies are binding requirements (definition of a rule). This provides clear, defined rules for customer agencies to follow and to better understand the legislative intent of the transportation improvement board's programs; helps to establish mandatory standards for customer agencies; maintains the service provided to customer agencies in a consistent manner; and addresses general "housekeeping" issues in order to maintain accuracy.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: Agency study.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by submitting written comments to Rhonda Reinke, Chief Administrative Officer, Washington State Transportation Improvement Board, P.O. Box 40901, Olympia, WA 98504-0901, fax (360) 586-1165.

March 17, 2006

Stevan Gorcester

Executive Director

Washington State Code Reviser's Office